is bailiff levy correct

[queensclose]

am i correct about a bailiff doing a levy

 

my understanding is the bailiff needs to be able to touch the item

 

for example if a bailiff looks through a window and sees a 50in tv my understanding is he can not touch it so can not levy on it. is this correct

[josephbloggs]

Yes

[renegadeimp]

Correct. The bailiff needs to be able to physically touch it properly. Not, for example, stand on tip toes on your window sill through an open window and stretch to touch it.

[brassnecked]

Correct. The bailiff needs to be able to physically touch it properly. Not, for example, stand on tip toes on your window sill through an open window and stretch to touch it.

Now if he climbed in through an open window, and listed it he would have gained peaceful entry so the levy would stand.

[renegadeimp]

Correct Brass. However, some bailiffs have been reported to do what i said above. They cant get through the window ( a LOT of bailiffs are obese), so they think if they can stretch and touch the item then it a valid levy. In this case an open window means one that doesnt accommodate a person, but you can get an arm in.

[ploddertom]

am i correct about a bailiff doing a levy

 

my understanding is the bailiff needs to be able to touch the item

 

for example if a bailiff looks through a window and sees a 50in tv my understanding is he can not touch it so can not levy on it. is this correct

 

Care to explain more?

[brassnecked]

Correct Brass. However, some bailiffs have been reported to do what i said above. They cant get through the window ( a LOT of bailiffs are obese), so they think if they can stretch and touch the item then it a valid levy. In this case an open window means one that doesnt accommodate a person, but you can get an arm in.

 

No as you rightly say, the morbidly obese porker, must get their entire body into the premises or they are knackered, as in no levy. However they will swear that putting their trotter through the window counts as peaceful entry and they have a levy.

[renegadeimp]

If they ever tried that to me ( god forbid i should get in debt again), then my dog would simply think its a nice tasty treat someone is pushing through the window.

[tomtubby]

I am sorry but can I just correct some advice. A bailiff does NOT need to actually touch goods in order to "levy" upon them.

 

However, a "levy" cannot be valid if a bailiff has identified goods by looking through a window.

 

The case law supporting this is a very well known one from the Court of Appeal in the matter of Evans v South Ribble Borough Council.

 

In this case a bailiff had visited Mrs Evans property when she was not at home and left a Notice of Seizure detailing items that he had levied upon by looking through the window. In the envelope the bailiff had also enclosed a draft walking possession signed by the bailiff requesting Mrs Evan's signature and asking that she return it to the bailiffs office with details of payment.

 

She did not return the form an instead, made a complaint to the Magistrates Court. This was dismissed and Mrs Evans took the case to the Court of Appeal.

 

Mr Justice Simon Brown in his judgment stated the following:

 

"Once entry is made, very little in the way of seizure and impounding is required....but.... there must in the first instance be an entry (into the property) thus: it is my clear conclusion that external inspection and posting through the letterbox is a course of action insufficient to bring about the legal consequences of Distress"

 

He further stated that:

 

"The process of distress consists of three stages:

 

The entry into the premises

The seizure of the goods

The subsequent securing of the goods (generally called impounding)"